logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.04 2015가합46662
주민총회무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 14, 2014, the Defendant constituted a housing redevelopment association with a project implementation district of Busan Geum-gu, Busan, and 593 square meters in a total size of 138,277 square meters, which is an organization that obtained approval from the head of the Gu of Busan on the purpose of establishing a housing redevelopment project, and the Plaintiff was appointed as the chairperson of the Defendant’s promotion committee and performed his duties.

B. From July 13, 2015, 126 of 864 owners, including land, etc. (hereinafter “the proposers of the Residents’ General Meeting”).

7. By the 16th day, a proposal was submitted to convene a temporary resident general meeting, which covers the dismissal of the plaintiff from the chairperson of the defendant's promoters.

In the above proposal, the proposing parties of the residents' general meeting of this case appointed E from among the owners of the land, etc. as the representative, and they agreed to act on behalf of the chairperson in convening the residents' general meeting and holding the general meeting.

C. On July 20, 2015, E publicly announced that the residents’ general meeting (hereinafter “instant residents’ general meeting”) shall be convened on August 7, 2015 at the second floor of the G community service center located in F in the Geum-gu, Busan, on August 7, 2015.

E held the instant resident general meeting on August 7, 2015. On the premise that 474 persons, including a written resolution from among 864 persons, including land owners, were present at the above resident general meeting, E passed a resolution passed with respect to the dismissal agenda of the chairperson of the promotion committee on the ground that 408 votes, opposing 44 votes, and invalid 22 votes (hereinafter “instant dismissal resolution”), and the Plaintiff was dismissed from office by the chairperson of the promotion committee of the Defendant.

E. 460 persons who have submitted a written resolution to the Residents' General Meeting of this case. Of them, 14 persons were withdrawn from the written resolution prior to the resolution of the Residents' General Meeting of this case.

F. The main contents of the Defendant’s management regulations (the director’s “management regulations of this case”) relating to this case are as follows.

B Article 18 (Dismissal of Members, etc.) (1) Members shall be neglected to perform their duties.

arrow